Herrera v. Matlin

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered February 13, 2002, which, in an action for medical malpractice, granted plaintiffs motion to strike defendant’s answer on the ground of defendant’s decedent’s spoliation of evidence, unanimously affirmed, without costs.

It appears that when defendant’s decedent retired approximately a year after his last treatment of plaintiff, he simply left all of his patient records, including X rays of plaintiffs injured wrist and the records of his year-long treatment of her, in a filing cabinet in the medical office where he worked, without…